REM Rapport Annuel No. 1 OIF Congo Brazzaville - Forests Monitor

CONCLUSIONS
Examination of the consulted DDEF
litigation registers revealed the use of
improper nomenclature for nearly half the
infractions.
Observations suggest that mechanisms to
collect taxes and particularly fines are
dysfunctional, with arrears going back more
than 5 years without coercive measures
being taken by the Forest Administration.
RECOMMENDATIONS
The Forest Administration should raise its agents’ awareness of
the infraction nomenclature to be used in official statements of
offence (service memo, training).
In regard to forest fine collection, the Forest Administration
should adopt dissuasive provisions for offenders who have not
paid their fines by the deadline agreed upon in the settlement
proceeding (administrative measures such as blocking exports
or refusing to deliver annual logging permits). Until such a
measure is adopted, companies must be issued official
statements of offence for non‐payment of fines, in accordance
with Article 162 of the forest code.
In regard to forest tax collection, in addition to the levying of a
3% increase taxes due for each quarter that payment is late,
administrative measures already in use (such as blocking
exports) or other more coercive means (as the Minister of
Forest Economy recommended during the national conference
of DDEFs) should be systematically applied.
Annual logging permit applications are
frequently submitted by companies and
then attributed by the DDEF, after official
deadlines have passed.
Annual logging permit extensions are
frequently granted after the legal deadline
or for the entire surface area of the annual
logging permit.
E. IM‐FLEG Project Implementation
Difficulties in transmitting information on
MEF mission schedules prohibited the
execution of joint missions. Only
independent missions were carried out this
semester.
After several months delay, reading
committee meetings for the validation of
REM mission reports, attained a
satisfactory pace.
Furthermore, it would be desirable that a list of companies that
have not settled their accounts (fines and taxes) within the
legal timeframe be publicly distributed.
The Forest Administration should rigorously apply the legal and
regulatory provisions and issue an official statement of offence
for “failure to follow logging rules” when an ACP request is
submitted after the deadline without adequate reason.
The Forest Administration should discuss the DDEFs’ difficulties
respecting the legal timeframe for ACP allocation and the means
needed to comply with provisions (modifying the deadline /
human resources).
Allocation of annual felling permit extensions should comply
with the provisions of Article 74, paragraph 2 of the decree
setting forest management and use conditions, and should be
limited exclusively to plots that have not yet been logged.
The notion of completion should be expanded to also include
timber not yet hauled.
The Forest Administration, at central level, should improve the
level of communication with REM on MEF mission schedules so
as to facilitate the completion of joint missions during the
second semester. One week notice is the required minimum so
that REM can organise its participation in joint the missions
The efforts to speed up validation of reports and reading
committee meetings should continue.
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